Filed House Amendment, Senate Bill 0140

SOURCE: IC 31-19-8.5; (10)MO014002.6. -->     "SECTION 6. IC 31-19-8.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 8.5. Prohibited Conditions on Adoptions
    Sec. 1. A licensed child placing agency and the department of child services may not do the following:
        (1) Make a determination that an individual is unsuitable to adopt based on the lawful possession, storage, or use of a firearm or ammunition by any member of the individual's household.
         (2) Require an adoptive parent or prospective adoptive parent to disclose information relating to an individual's lawful possession, storage, or use of a firearm or ammunition as a condition for adoption.
        (3) Restrict an individual's lawful possession, storage, or use of a firearm or ammunition as a condition for adoption.".

SOURCE: IC 31-27-6-28; (10)MO014002.10. -->     "SECTION 10. IC 31-27-6-28, AS AMENDED BY P.L.138-2007, SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 28. (a) The following constitute sufficient grounds for revocation of a license:
        (1) A determination by the department of child abuse or neglect (as defined in IC 31-9-2-14) by:
            (A) the licensee;
            (B) an employee of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee; or
            (C) a volunteer of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee.
        (2) A criminal conviction of the licensee, or the director or manager of a facility where children will be placed by the licensee, for any of the following:
            (A) A felony.
            (B) A misdemeanor related to the health or safety of a child.
            (C) A misdemeanor for operating a child caring institution, foster family home, group home, or child placing agency without a license under this article (or IC 12-17.4 before its repeal).
            (D) A misdemeanor for operating a child care center or child care home without a license under IC 12-17.2.
        (3) A determination by the department that the licensee made false statements in the licensee's application for licensure.
        (4) A determination by the department that the licensee made false statements in the records required by the department.
        (5) A determination by the department that the licensee previously operated a home or facility without a license required under any applicable provision of this article (or IC 12-17.4 before its repeal) or IC 12-17.2.
         (6) A violation of IC 31-19-8.5-1.
    (b) A license may also be revoked if an employee or volunteer of the licensee who has direct contact on a regular and continuous basis with children who are under the direct supervision of the licensee has been convicted of any of the following:
        (1) A felony described in IC 31-27-4-13(a).
        (2) Any other felony or a misdemeanor relating to the health and safety of a child, unless the licensee is granted a waiver by the department to employ or assign the person as a volunteer in a position described in this subsection.
    (c) In determining whether to grant a waiver under subsection (b), the department shall consider the following factors:
        (1) The length of time that has passed since the disqualifying

conviction.
        (2) The severity, nature, and circumstances of the offense.
        (3) Evidence of rehabilitation.
        (4) The duties and qualifications required for the proposed employment positions or volunteer assignment.
    (d) Notwithstanding subsection (a) or (b), if:
        (1) a license could be revoked due to a criminal conviction of, or a determination of child abuse or neglect by, an employee or a volunteer of the licensee; and
        (2) the department determines that the employee or volunteer has been dismissed by the licensee within a reasonable time after the licensee became aware of the conviction or determination;
the criminal conviction of, or determination of child abuse or neglect by, the former employee or former volunteer does not constitute a sufficient basis for the revocation of a license.
    (e) The department may adopt rules to implement this section.

SOURCE: IC 31-28-7; (10)MO014002.11. -->     SECTION 11. IC 31-28-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 7. Prohibited Conditions on the Placement of Foster Care Children
    Sec. 1. The department may not do the following:
        (1) Make a determination that a foster parent is unsuitable to have a foster child placed with the foster parent based on the lawful possession, storage, or use of a firearm or ammunition by any member of the foster parent's household.
         (2) Require a foster parent or prospective foster parent to disclose information relating to the foster parent's lawful possession, storage, or use of a firearm or ammunition as a condition for placement of a foster child with the foster parent.
        (3) Restrict a foster parent's lawful possession, storage, or use of a firearm or ammunition as a condition for placement of a foster child with the foster parent.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 140 as printed February 16, 2010.)

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Representative Blanton

MO014002/DI 110 2010